[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Proposed Rules]
[Pages 9965-9967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3407]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0197; Directorate Identifier 2008-CE-005-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Models 228-100, 
228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the

[[Page 9966]]

products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    The manufacturer reported findings of missing primer on the 
internal of the elevator and rudder of aircraft S/N 8200. The 
aircraft S/N 8200 was with RUAG for maintenance purposes. 
Investigation performed by RUAG showed that the paint removal 
procedure for the rudder and elevator was changed from a paint 
stripping with brush and scraper to a procedure where the parts were 
submerged in a tank filled with hot liquid stripper. The stripper is 
called TURCO 5669 from Henkel Surface Technologies. The stripping 
process is described in the Technical Process Bulletin No. 238799 
dated 09/01/1999. This paint stripping process change was not 
communicated to and not approved by the TC-Holder.

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by March 26, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0197; 
Directorate Identifier 2008-CE-005-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, has issued German AD D-2007-350, dated December 19, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    The manufacturer reported findings of missing primer on the 
internal of the elevator and rudder of aircraft S/N 8200. The 
aircraft S/N 8200 was with RUAG for maintenance purposes. 
Investigation performed by RUAG showed that the paint removal 
procedure for the rudder and elevator was changed from a paint 
stripping with brush and scraper to a procedure where the parts were 
submerged in a tank filled with hot liquid stripper. The stripper is 
called TURCO 5669 from Henkel Surface Technologies. The stripping 
process is described in the Technical Process Bulletin No. 238799 
dated 09/01/1999. This paint stripping process change was not 
communicated to and not approved by the TC-Holder.

    The MCAI requires you to do a visual inspection of the inner 
structure of the rudder and elevator for signs of corrosion, debonded 
primer (yellow-green), and any other deviation of surface protection; 
report corrosion beyond the acceptable level or areas with debonded 
primer to the manufacturer; and, if necessary, repair the affected 
parts following the applicable FAA-approved manufacturer repair 
instruction. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    RUAG Aerospace Defence Technology has issued Dornier 228 Service 
Bulletin No. SB-228-270, dated October 30, 2007. The actions described 
in this service information are intended to correct the unsafe 
condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 8 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,920, or $240 per product.
    We have no way of determining the number of products that may need 
any necessary follow-on actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.

[[Page 9967]]

    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Dornier Luftfahrt GmbH: Docket No. FAA-2008-0197; Directorate 
Identifier 2008-CE-005-AD.

Comments Due Date

    (a) We must receive comments by March 26, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 228-100, 228-101, 228-200, 228-
201, 228-202, and 228-212 airplanes, serial numbers 8009, 8065, 
8112, 8179, 8185, 8191, 8241, and 8244, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: 
Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

``The manufacturer reported findings of missing primer on the 
internal of the elevator and rudder of aircraft S/N 8200. The 
aircraft S/N 8200 was with RUAG for maintenance purposes. 
Investigation performed by RUAG showed that the paint removal 
procedure for the rudder and elevator was changed from a paint 
stripping with brush and scraper to a procedure where the parts were 
submerged in a tank filled with hot liquid stripper. The stripper is 
called TURCO 5669 from Henkel Surface Technologies. The stripping 
process is described in the Technical Process Bulletin No. 238799 
dated 09/01/1999. This paint stripping process change was not 
communicated to and not approved by the TC-Holder.''

    The MCAI requires you to do a visual inspection of the inner 
structure on rudder and elevator for signs of corrosion, de-bonded 
primer (yellow-green), and any other deviation of surface 
protection; report corrosion beyond the acceptable level or areas 
with de-bonded primer to the manufacturer; and, if necessary, repair 
the affected parts following the applicable FAA-approved 
manufacturer repair instruction.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 2 months after the effective date of this AD, do a 
detailed visual inspection on the inner structure of the rudder and 
elevator for signs of corrosion, de-bonded primer (yellow-green), 
and any other deviation of surface protection following RUAG 
Aerospace Defence Technology Dornier 228 Service Bulletin No. SB-
228-270, dated October 30, 2007.
    (2) If you find corrosion or areas with debonded primer as a 
result of the inspection required by paragraph (f)(1) of this AD, 
before further flight, do the following:
    (i) Report the inspection results to RUAG Aerospace Services 
GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling, 
Federal Republic of Germany, telephone: +49 (0)8153-30-2280; fax: 
+49 (0) 8153-30-3030 and request FAA-approved repair instructions 
following RUAG Aerospace Defence Technology Dornier 228 Service 
Bulletin No. SB-228-270, dated October 30, 2007.
    (ii) Repair corrosion following FAA-approved repair instructions 
obtained from RUAG Aerospace Services GmbH.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI includes provisions for reporting corrosion 
``beyond the acceptable level.'' However, the service information 
does not include a definition of ``acceptable level.'' Therefore, to 
ensure the AD is clear for U.S. operators and is enforceable, this 
AD does not include the qualifier ``beyond the acceptable level.''

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI German AD D-2007-350, dated December 19, 2007; 
and RUAG Aerospace Defence Technology Dornier 228 Service Bulletin 
No. SB-228-270, dated October 30, 2007, for related information.

    Issued in Kansas City, Missouri, on February 13, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-3407 Filed 2-22-08; 8:45 am]
BILLING CODE 4910-13-P